사기등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. Summary of grounds for appeal;
A. As the Defendant did not appear in the trial proceedings without any cause attributable to the lower court, the lower court erred by misapprehending the legal doctrine.
B. The lower court’s sentence of unreasonable sentencing (eight months of imprisonment) is too unreasonable.
2. As to the assertion of misapprehension of legal principles, the lower court served a writ of summons, etc. by public notice pursuant to Article 23 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (hereinafter “Special Cases Act”) and sentenced eight months to imprisonment by conducting hearings in the absence of the Defendant. After that, the Defendant filed a claim for recovery of the right of appeal against the judgment of the lower court formally finalized, and the lower court deemed that the Defendant failed to appeal within the appeal period due to a cause not attributable to the Defendant
If so, there is no reason attributable to the defendant who was unable to attend the court on the court date, and thus, there is a reason to request a retrial under Article 23-2(1) of the Act on Special Cases concerning the Procedure for Review. In such cases, this court shall proceed with a new litigation procedure by delivering a copy of indictment to the defendant and render a new judgment according to the result of a new trial (see, e.g., Supreme Court en banc Decision 2014Do17252, Jun. 25, 2015; Supreme Court Decision 2015Do8243, Nov. 26, 2015).
Therefore, the defendant's assertion of legal principles is justified.
3. Thus, the defendant's assertion of legal principles is with merit. Thus, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the following decision is
【Grounds for the Judgment of the court below which is written] The criminal facts and summary of the evidence acknowledged by the court and the summary of the evidence are relevant to the case, except for the case where the police interrogation protocol against the defendant is changed to the "1. The defendant's court statement" in the summary of evidence.